beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (i) On July 20, 2017, the Plaintiff driven a vehicle B’s ice-type with approximately 3 km from the Soviet-dong to C in the front of Sigung-dong to Sigung-si, under the influence of alcohol content of 0.119%.
B. On August 2, 2017, the Defendant rendered the instant disposition to the Plaintiff, which revoked the driver’s license (Class II common) based on Article 93(1)1 of the Road Traffic Act.
Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Oct. 11, 2017).
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 12, the purport of the whole pleadings
2. The Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drunk driving without any personal or material injury accident; (iii) the ordinary court has used a substitute driving; (iv) actively cooperated with an investigative agency; and (v) the management and delivery of clients; and (v) the driving license is necessary for family life.
According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when driving under the influence of alcohol (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty shall be mitigated to 110 points for the "persons who have been given an official commendation by the chief of a police station or higher for at least three years as an exemplary driver, or who have been given an official commendation by the chief of a police station after causing a traffic accident or arresting an escape driver and do not meet the specified exclusion requirements." One of the requirements for exclusion from mitigation, when driving under the influence of alcohol exceeds 0.12%, causing a traffic accident during drinking.